Fern
Elite Member
- Sep 30, 2003
- 26,907
- 174
- 106
Best Answer.
It seems that late at night, on holidays etc, they check pretty much everyone where they have an opportunity. Since you were pulled over on the side of the road, and it was normal for him/her to stop and check on you, he/she also went ahead and did a druck driving test.
No biggie really. No "quota thingy" either.
Fern
You can legally refuse anything that isn't a breathalyzer, blood, or chemical test. This includes saying the ABCs backwards, walking in a straight line, looking at a flashlight, etc. Also, in some states you are not given the option of opting out of a breathalyzer test and have to take the test the officer gives you.
So what is the deal with these field tests? The cop makes you walk along a line on the road, stand on one foot etc? I thought that sort of test was obselete now. They still do it over there? Over here that was phased out with the breathaliser was introduced, and now every unit in the country has a breathaliser. I'd be pissed if a cop asked me to do a field test, and I'm uncoordinated at the best of times. Under the pressure of knowing I could potentially lose my license if I failed I'd be a wreck I think.
"Officer am I being placed under arrest or otherwise detained? " its a useful phrase to remember.
what gives them the right to do a sobriety test on you while you are on the shoulder to look at your car? what gives them the right to ask for your identity while you are pulled over?
shoot, if they are going to target the people on side of the road they might as well target everyone, and do random pullovers to people on the road.
shoot, if they are going to target the people on side of the road they might as well target everyone, and do random pullovers to people on the road.
This is your original post... Where you said the cop immediately pulled up after you pulled over...
Now he pulled up after you checked your oil and added half a quart?
I call SHENS on the whole thread.
I'm guessing the OP left out the part about changing his oil because he felt it to be inconsequential to the story. When later asked for elaboration, he provided the exact details of the situation.
Unless you gave the officer a reason to believe you were intoxicated, I'm going to say he shouldn't have given you the sobriety test.
As for the person asking about sobriety tests still being used here: they are, and my guess is because the law requires that you be "impaired" by some substance. A hard-limit on a breathalyzer doesn't necessarily prove impairment, although in most cases it's usually enough for a conviction (which is a problem I have with many DUI laws). The sobriety test is generally seen as further evidence that you are in fact impaired.
Unless you gave the officer a reason to believe you were intoxicated, I'm going to say he shouldn't have given you the sobriety test.
As for the person asking about sobriety tests still being used here: they are, and my guess is because the law requires that you be "impaired" by some substance. A hard-limit on a breathalyzer doesn't necessarily prove impairment, although in most cases it's usually enough for a conviction (which is a problem I have with many DUI laws). The sobriety test is generally seen as further evidence that you are in fact impaired.
Hmmm.. How many people do you know that will immediately pull over on the side of the road at first sign of a CEL? At night, none the less... AND then be fortunate enough to have a quart and a half of oil in the trunk....
Besides, CEL doesn't come on for low oil.. the low pressure light usually comes on for this..
Im not convinced.
Jeff7
Lifer
- Jan 4, 2001
- 41,596
- 20
- 81
Add to that the fact that plenty of people haven't built up any tolerance for the stuff. I'm about 125lbs, and have never had alcohol, at least more than a few tastes, enough to know it tastes like crap. I'd imagine that one drink could be enough to cause me to have some problems driving.
It is all relative. I am 30, weigh about 180 and I am 6'0" tall. I have been drinking socially since I was 18... I can safely say that I can go out to dinner, have 2 beers during the course of eating and talking, and leave the restaurant and not put myself or anyone else in danger whilst driving home.
waggy
No Lifer
- Dec 14, 2000
- 68,143
- 10
- 81
i have oil in the back of my car, some antifreezem, blankets and jumper cables.
and yes if i notice the CEL i do pull over. I learned the hard way on this. was going to see my sister (lives 2 hours away) when my car was low on antifreeze (didnt check it) and did bad damage to my car.
Once I got pulled over because it was late at night on an empty road; I slowed down to untie one of my shoes, since I practically had the circulation cut off by the shoe strings. A cop popped out and followed me for TWO MILES, when I drove exactly the speed limit and stayed precisely within the road lines. Annoying or not, okay, he pulled me over, fine. Whatever. But, when he pulled the breathalyzer on me, he lied and said I smelled like liquor. Uh, I've never had an alcoholic drink in my life. I've maybe been in a room twice where a bottle was open, but I never drank any, and CERTAINLY not in a six month period before that. If you pull me over, at least have the courtesy to not lie when you want an excuse to do an alcohol test, mmkay?
Ive been to India.. I am very surprised by this. The roads where I visit, Gujurat and Mumbai have NO LAWS whatsoever. And truck drivers and always one hand on the wheel, the other on the bottle. VERY unsafe. Maybe hyderaabad is different.
Fayd
Diamond Member
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
- 19
- 81
I really disagree with that.
Privacy was violated in this case and time. DUI checkpoints usually reel in only those that have marginally failed...people that will never kill or hurt anyone.
The key factor is what you 'blow' is no indication on true blood alcohol levels. How you do on a road side test is no indication either...these are recorded for the sole purpose of more evidence in court. Most ppl look drunk doing these.
The last factor is performance at 0.08 BAL is highly variable between people even at the same demographic.
Cops should be out after gangs and those well-known spots my most of the public that goes out at night know about. Helping those that are stranded.
Law enforcement is mostly about revenue and what gains votes for the people they work for.
There are a lot of people that also agree cops should be able to check homes for weapons.
Most of the people that want these kinds of things never travel off the well-beaten path of life. They don't go out at night, they don't live lives where someone may try to take something from them, etc. To them they are merely gaining some safety reassurance at night...in reality they are promoting the most unsafe of state.
Implied consent means that when a police officer asks you to take a field sobriety test, refusal to do so will be used as evidence that you are drunk and you will be issued a DUI. It will stand up in court too.
Implied consent is a civil contract you signed when you signed for your drivers license.
Implied consent is a civil contract you signed when you signed for your drivers license.
To everyone who spouted out various statements regarding refusing the test, I never said it was a good idea to do just an option. My point is that you need to know your rights and do not let the cops take advantage of you. Drinking and driving is not a good idea, but DUI is a very large source of revenue for local government. Just like a business when funds are low then govt. will find ways to bring in revenue using their employees.
Any lawyer will tell you to never take a field sobriety test even if you have had nothing to drink, and there are several good reasons to do this. A DUI is not limited to alcohol, someone on drugs can be incapable of driving and still pass a breathalyzer. The field test is generally done in front of the squad car camera so even if you are not drunk but just clumsy or tired, or if it is a very windy or cold day you may appear on drugs to the cop and look intoxicated on film which is good enough to take you to jail and book you with a DUI. If there is no camera then the officer can write whatever they want about your performance in their report, and if the cop doesn't like you or needs to meet a quota then a bad report is good enough to get you a DUI even if you performed the test flawlessly b/c it's your word against the cops.
Any lawyer will tell you to never take a field sobriety test even if you have had nothing to drink, and there are several good reasons to do this. A DUI is not limited to alcohol, someone on drugs can be incapable of driving and still pass a breathalyzer. The field test is generally done in front of the squad car camera so even if you are not drunk but just clumsy or tired, or if it is a very windy or cold day you may appear on drugs to the cop and look intoxicated on film which is good enough to take you to jail and book you with a DUI. If there is no camera then the officer can write whatever they want about your performance in their report, and if the cop doesn't like you or needs to meet a quota then a bad report is good enough to get you a DUI even if you performed the test flawlessly b/c it's your word against the cops.
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